LAW 122 Lecture Notes - Lecture 11: Force Majeure, Car Rental, Liquidated Damages
18 Dec 2017
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3 ways to discharge a contract: discharge, which can be permitted by, performance (completion) a. i. of its terms/obligations a. ii. rule: parties must perform exactly what contract requires a. iii. exceptions: late performance is still performance // substantial performance is. Still performance (exception: if you have entire contract clause in there, such as will not be paid unless all work is done. you can get damages for tardy performance, but not discharge. May change by contract (boilerplate clause) or notice. If no time is specified, within reasonable time. You may want to rescind the k but you can"t. Generally satisfies contract but is incomplete in some minor way, you can discharge a. iiia. Exception to exception: difficulties with entire contract: no payment unless all work is performed. Builders and doorknobs case: contract is substantially completed, contract is dismissed, you must now pay and sur for damages for the doorknobs: agreement (another contract), you must go about it a proper way: b. i.
